Verde Energy Variable-Rate Plan $7M Class Action Settlement

VERDE ENERGY CLASS ACTION LAWSUIT SETTLEMENT UPDATE:

• The Court granted final approval to this class action settlement Dec. 17, 2021.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Certain consumers may be eligible to benefit from a $7 million Verde Energy class action lawsuit settlement resolving claims the company did not base its variable-rate plans on market conditions as promised.

The Class is made up of all individual residential consumers who enrolled (either initially or though “rolling over” from a fixed-rate plan) in a variable-rate electricity plan provided by any of the Verde defendants — Verde Energy USA Inc., Verde Energy USA Ohio LLC, Verde Energy USA Massachusetts LLC, and Verde Energy USA New York LLC — or were otherwise charged a variable rate for electricity by any of the Verde defendants in connection with property in within the following states and date ranges:

• Massachusetts: April 17, 2013, through Oct. 31, 2015 
• New York: Jan. 21, 2014, through Oct. 31, 2015 
• Illinois: Jan. 31, 2008, through Oct. 31, 2015 
• New Jersey: Jan. 21, 2012, through Oct. 31, 2015
• Ohio: June 24, 2012, through Oct. 31, 2015
• Pennsylvania: Jan. 1, 2012, through Oct. 31, 2015 

The Class also includes Pennsylvania consumers who became Verde Energy variable-rate electricity plan customers in 2018 following a transfer of their customer relationships with Oasis Power LLC.

The Class excludes anyone whose Verde contract contained either a “Governing Law and Arbitration” clause or an “Agreement For Mandatory Arbitration & Class Action Waiver” clause.

Plaintiffs in the Verde Energy class action lawsuit accused Verde Energy of promising a variable rate for energy that was intended to fluctuate based on market conditions; however, that rate allegedly was not based on market conditions.

The company operates in Connecticut, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, and the District of Columbia.

This settlement resolves a number of class actions against the company.

After attorneys’ fees and other expenses are deducted, Class Members each will be awarded a proportionate share of the $7 million settlement fund.

Each claimant’s share will be based on their proportional kilowatt-hour (kWh) usage during the Class Period of the aggregate kWh variable-rate energy used by all Class Members during the settlement Class Period.

A fairness hearing in the Verde Energy lawsuit settlement is scheduled for Dec. 17, 2021.

The deadline to opt out of or object to the settlement is Dec. 1, 2021.

The deadline to file a claim is March 31, 2022.

Who’s Eligible

The Class is made up of all individual residential consumers who enrolled (either initially or though “rolling over” from a fixed-rate plan) in a variable-rate electricity plan provided by any of the Verde defendants — Verde Energy USA Inc., Verde Energy USA Ohio LLC, Verde Energy USA Massachusetts LLC, and Verde Energy USA New York LLC — or were otherwise charged a variable rate for electricity by any of the Verde defendants in connection with property in within the following states and date ranges:

• Massachusetts: April 17, 2013, through Oct. 31, 2015 
• New York: Jan. 21, 2014, through Oct. 31, 2015 
• Illinois: Jan. 31, 2008, through Oct. 31, 2015 
• New Jersey: Jan. 21, 2012, through Oct. 31, 2015
• Ohio: June 24, 2012, through Oct. 31, 2015
• Pennsylvania: Jan. 1, 2012, through Oct. 31, 2015 

The Class also includes Pennsylvania consumers who became Verde Energy variable-rate electricity plan customers in 2018 following a transfer of their customer relationships with Oasis Power LLC.

Potential Award

Varies

Proof of Purchase

Required documents will be on claim form when available. 

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

03/31/2022

Case Name

Mercado, et al. v. Verde Energy USA, Inc., et al., Case No.: 1:18−cv−2068 in the U.S. District Court for the Northern District of Illinois Eastern Division

Final Hearing

12/17/2021

Settlement Website

VariableRateEnergySettlement.com

Claims Administrator

Mercado v. Verde Energy
Settlement Administrator
PO Box 6480
Portland, OR 97228-6480
855-535-1866

Class Counsel

Jonathan Shub
Kevin Laukaitis
SHUB LAW FIRM LLC

Melissa K. Sims
Daniel K. Bryson
Harper T. Segui
MILBERG COLEMAN BRYSON PHILLIPS & GROSSMAN PLLC

Edward A. Wallace
WEXLER WALLACE LLP

Jeffrey S. Goldenberg
GOLDENBERG SCHNEIDER LPA

Jason M. Leviton
BLOCK & LEVITON LLP

D. Greg Blankinship
FINKELSTEIN BLANKINSHIP FREI-PEARSON & GARBER LLP

Jason T. Brown
BROWN LLC

Aarthi Manohar
KOHN SWIFT & GRAF PC

Defense Counsel

Kevin P. Allen
ECKERT SEAMANS CHERIN & MELLOTT LLC